EPR Packaging Laws in the U.S.: A Guide for Producers

EPR packaging laws are changing how businesses handle packaging waste across the United States. If you sell packaged products or run a foodservice operation, these rules may soon affect your costs and your paperwork. This guide explains what EPR packaging laws require, which states have them, and how to get ready. We keep it practical, because you have a business to run.

What Are EPR Packaging Laws?

EPR stands for Extended Producer Responsibility. EPR packaging laws make producers pay for the end-of-life management of the packaging they put on the market. That covers the cost of collecting, sorting, recycling, and composting packaging after your customers throw it away.

The goal is to shift cleanup costs from local governments to the companies that create the packaging. Packaging is the newest wave of a policy model that already covers products like paint, batteries, and electronics. For the fuller backstory, see our guide to extended producer responsibility laws for plastics.

In short, if your packaging enters a state’s waste stream, you may help pay to manage it. That is the core promise behind every EPR program.

The fees you pay do not vanish into a general fund. They are fees that fund collection and education at the state level. States direct that money toward recycling and composting systems, public education, and better sorting at collection sites, part of the same push behind the federal circular economy and recycling work. The aim is a system that captures more packaging instead of sending it to a landfill.

Which States Have EPR Packaging Laws?

Seven states have enacted packaging EPR laws so far. They are Maine, Oregon, California, Colorado, Minnesota, Maryland, and Washington. California’s program runs through California’s SB 54 packaging law.

More states are actively considering similar bills, and you can follow the details in the state-by-state EPR legislation tracker. The list of states with EPR laws keeps growing with each legislative session, so it pays to watch your markets closely.

Programs phase in on different timelines by state. Registration, reporting, and fee deadlines vary, so check the current rules for each state where you sell. Do not assume one state’s schedule applies everywhere. This is why packaging EPR laws by state can look very different from one border to the next.

The definition of “covered packaging” also shifts by state. Most programs include primary packaging, secondary packaging, and single-use foodservice items. Some add paper products or shipping materials, so read each law’s scope before you estimate your duties.

Who Counts as a Producer?

Not every business in the supply chain is a “producer” under these laws. Most states use a “producer waterfall” to decide who holds responsibility.

The brand owner whose name is on the package is usually first in line. If that brand has no US presence, responsibility passes down the chain in a set order:

• The licensee that owns or uses the brand in the US.

• The manufacturer that makes the packaging or packaged product.

• The importer that brings the product into the country.

• The distributor or retailer that sells it, as a last resort.

Common exemptions exist too. Small producers under set revenue or tonnage thresholds are often excluded. Packaging used only in business-to-business transport may also be exempt.

Here is a simple example. If you own a restaurant brand and print your name on your takeout containers, you are likely the producer. If you only resell another company’s branded products, that other company usually holds the duty instead.

What EPR Laws Require Producers to Do

Once you count as a producer, you take on a few shared duties. The details differ by state, but the core steps look similar everywhere.

• Register with the state agency that runs the program.

• Join a Producer Responsibility Organization (PRO) or file an approved individual plan.

• Report data on the covered packaging materials you supply.

• Pay fees based on that packaging.

A PRO is a nonprofit that runs producer compliance on behalf of its members. It collects fees, reports data, and funds commercial composting systems and recycling programs for the whole group. In most states, the national producer responsibility organization handles this work.

That full process, from registration through payment, is what EPR compliance looks like in practice. Most producers meet these duties by joining a PRO rather than filing their own plan.

Reporting is often the heaviest lift. You need accurate records of how much packaging you sell, broken down by material type and weight. Clean data here makes your fees more predictable and your filings far less stressful.

How EPR Fees Work

Fees are generally based on the weight of covered packaging you supply into a state. Each material category, such as paper, glass, or plastic, is priced on its own.

Many programs also use “eco-modulation.” This means the fee structure rewards better packaging design. Formats that are recyclable, compostable, or made with recycled content often pay lower fees, so choosing lower-fee compostable packaging materials can help. Hard-to-recycle formats tend to pay more.

We are not listing exact fee amounts here. Rates vary by state and change over time, so always confirm current numbers with the program or your PRO.

Eco-modulation gives you a clear signal. Lightweight, recyclable, and compostable formats usually sit at the lower end of the fee scale. Mixed materials that are hard to sort, like some plastic-and-foil laminates, tend to cost the most.

Penalties for Non-Compliance

Ignoring EPR rules carries real risk. Producers who skip registration or reporting can face monetary penalties from the state, as spelled out in California’s SB 54 enforcement rules.

The bigger risk is loss of market access. Unregistered producers can be barred from selling covered products in a state. That can cut off entire markets until you fix the gap.

Penalty amounts differ by state. Treat compliance as a normal cost of doing business, not an optional step you can delay.

Retailers and distributors watch this closely too, given their own retailer packaging EPR obligations. Many retailers may choose not to stock products from a producer that is out of compliance. That risk can flow down the supply chain. Staying registered protects your shelf space as much as your budget.

How Compostable and Recyclable Packaging Lowers EPR Fees

Because of eco-modulation, your packaging choices directly affect your fees. Switching to recyclable, compostable, and recycled-content packaging can lower what you pay. It can also reduce your compliance risk as rules tighten over time.

Think of it as a discount for design that fits how waste systems really work. When your packaging is easy to recycle or compost, you pay less and you send less to the landfill. That is a rare case where the lower-cost choice and the lower-waste choice line up.

Certified compostable packaging and recycled-content packaging solve different problems. Compostable items are made to break down in composting systems, while recycled-content items reuse material already recovered from the waste stream.

PFAS, a group of lasting chemicals, appear in some conventional packaging. The FDA describes PFAS grease-proofing agents in food packaging that are being phased out. Choosing third-party PFAS-verified foodservice items helps you avoid them as standards tighten.

Compostability claims should always tie to a named certification, such as BPI or TÜV Austria OK Compost. Under the FTC Green Guides on compostability claims, broad “green” claims are not enough on their own.

At Greenprint®, we make certified compostable foodservice packaging designed to align with these incentives. Our Compostable Agave straws carry TÜV Austria OK Compost HOME certification. An enzyme technology lets them break down at home compost temperatures. Our Compostable Agave cutlery carries BPI Commercial Compostability certification for industrial composting facilities.

Steps to Prepare Your Business for EPR

You do not need to solve everything at once. A short, ordered plan keeps the work manageable.

• Confirm whether you count as a producer in each state where you sell.

• Register with the state and join the PRO once you qualify.

• Build packaging data by SKU, including material type and weight.

• Review your material choices to reduce fees and risk.

Good SKU-level data makes every other step easier. It also shows you which formats drive your highest fees, so you know where to focus first. Pairing this with a zero-waste packaging plan for restaurants keeps your goals aligned.

Treat this as an ongoing habit, not a one-time task. Rules, thresholds, and fee schedules change, so revisit your producer status and your data at least once a year. If you sell in more than one state, track each program on its own timeline.

Once your data is in order, you can start swapping high-fee formats for lower-fee ones. Explore our certified compostable foodservice packaging to see how the right materials can support your EPR strategy.

Frequently Asked Questions

What is a Producer Responsibility Organization (PRO)?

A PRO is a nonprofit that manages EPR compliance for its member producers. In the US, the Circular Action Alliance is the main packaging PRO.

Do EPR packaging laws apply to small businesses?

Many states exempt small producers that fall below set revenue or tonnage thresholds. Check each state’s threshold, because the cutoffs differ.

When do EPR packaging fees begin?

Fee timelines phase in by state and change over time. Confirm the current schedule for each state where you sell covered packaging.

Do EPR laws favor compostable packaging?

Through eco-modulation, many programs charge lower fees for recyclable, compostable, and recycled-content packaging. Certified compostable formats can qualify for these reduced fees.